Transfer Of Minors Custody Agreement

Guardianship of minors custody transfer system is an important part of the system, especially in the death or loss of custody of one legal representative capacity under the premise of the system to adjust and standardize the relationship between parent and child relationship and the family played an active role, if to correctly guide specifications, will result in damage to the interests of minor children Commission, also known as the transfer of custody monitoring, with the custody of the set are two entirely different concepts. China's current civil law system, the transfer of custody of minors fairly simple requirements, lack of legislation led to the judicial, law-abiding confusion. Therefore, this starting point to actual cases to discuss the legal representative in the death of a minor party or loss of ability to monitor the case, the other guardian with the second pick of the transfer of custody of legal guardians to reach agreement, the agreement correctly identified, and agreement on transfer of custody of our minor shortcomings are discussed, with foreign regulations, relevant for the actual cases in the comprehensive proposal.Except the introduction and conclusion, there are six parts of about 16 688 words.The first part of the paper, is according to research. This section focuses on the agreement to transfer custody of this study as the core of the case from the case's case, the source case, the trial court described the contents of three aspects.The second part is the case focus. This section describes the case in the trial, the parties dispute the actual focus of this paper leads to legal issues involved.The third part is the controversy and differences of opinion. This section describes the main focus of the case law related to four issues, namely, to determine the cause of action, identification of the transfer of custody agreement, the second guardian of the rights and the effectiveness of the transfer agreement, introduced the case proceedings, the four members of the Full Court legal issues arising from different views and authors point of view.The fourth part of the conclusion is that see our custody agreement defects and improve the transfer of legislative proposals. The main part described from five aspects, custody of minors in our country on the basic content of the transfer agreement, combined with the system of foreign legislation on the situation, pointing out that China's juvenile transfer of custody protocol flaws, concludes on minors transfer of custody agreement were perfect views. Also explained in a custody agreement for the transfer of custody of the setting, the Court confirmed the identity of the specific conditions of its guardian.The fifth part of the conclusion is the study. This section is divided into two aspects are introduced, one for the case of the conclusion of the study, reviewed the trial court; Second, the author claims to make their own judgments.